ALJDEC decisions subject to certification as final

2010A-308473235-ROC · Registrar of Contractors · 2011-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 19, 2011 APPEARANCES: Hayden and Jana Harris did not appear. A Miner Contracting, Inc. was represented by its authorized representative, Al Miner. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. A Miner Contracting, Inc. (“Respondent”) is the holder of License No. 079027, a Class A contracting license issued by the Registrar of Contractors (“Registrar”). 2. On May 19, 2010, Hayden Harris filed a written Complaint with the Registrar seeking compensatory damages to pay for vehicle damage allegedly caused by by Respondent during the course of Respondent’s work on a City of Prescott street. The Registrar designated the Complaint as Case No. 2010-[number redacted]. 3. The Registrar issued a Citation and Complaint in Case No. 2010- [number redacted] charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (11). 4. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. On December 27, 2010, a motion to continue the hearing scheduled for January 4, 2011, was filed on behalf of Mr. Harris by Mrs. Harris. 6. On January 3, 2011, the assigned Administrative Law Judge issued an Order Granting Continuance and Joining Jana Harris as Co-Complainant (“Order”). The case was amended to name both Hayden Harris and Jana Harris as Co-Complainants (“Complainants”). The Order also continued the videoconference hearing to April 19, 2011, at 10:00 a.m. The Order was sent to the parties at their addresses of record with the Office of Administrative Hearings. 7. The commencement of the hearing on April 19, 2011, was delayed 15 minutes to allow for the late arrival of Complainants or an attorney authorized to represent them. After the delay, the Administrative Law Judge conducted the hearing in Complainants’ absence. 8. By their failure to appear at the hearing, Complainants failed to present any evidence in support of their Complaint. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainants bear the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. By their failure to appear at the hearing, Complainants failed to sustain their burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint in Case No. 2010-[number redacted] shall be dismissed on the effective date of the Order entered in this matter. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification. Done this day, April 20, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826